If the US and UK governments truly want to rebuke the role that kidnapping, torture and prolonged detention without trial played—and in some cases continues to play—in their declared "war against terrorism" then they must go beyond words and release the still disclosed internal reports that document such abuses.
That's the argument of Ben Emmerson, the UN special rapporteur on the promotion and protection of human rights while countering terrorism, who spoke out on Monday against the secrecy and denial that persists within both governments.
Perpetrators and architects of such programs should be held accountable and face justice, he declared in both an official report and in a speech delivered Monday.
"Despite this clear repudiation of the unlawful actions carried out by the Bush-era CIA, many of the facts remain classified, and no public official has so far been brought to justice in the United States," Emmerson writes in the report written for the the U.N. Human Rights Council, which he will present Tuesday.
Prefacing the report in Geneva on Monday, Emmerson criticized "a policy of de facto immunity for public officials who engaged in acts of torture, rendition and secret detention, and their superiors and political masters who authorized these acts."
Citing the hypocrisy of such secrecy and the damage done to the reputation of both countries abroad, Emmerson continued:
"Words are not enough. Platitudinous repetition of statements affirming opposition to torture ring hollow to many in those parts of the Middle East and North Africa that have undergone, or are undergoing, major upheaval, since they have first-hand experience of living under repressive regimes that used torture in private whilst making similar statements in public."
"The scepticism of these communities can only be reinforced if western governments continue to demonstrate resolute indifference to the crimes committed by their predecessor administrations."
Shortly before the speech in Geneva, Emmerson told the Guardian it was time for "a reckoning with the past". He added:
"In South America it took up to 30 years before the officials responsible for crimes like these were held fully accountable. With the conspiracy organised by the Bush-era CIA it has taken a decade, but the campaign for securing the right to truth has now reached a critical point.
"The British and American governments are sitting on reports that reveal the extent of the involvement of former governments in these crimes. If William Hague is serious about pursuing a policy of ethical counter-terrorism, as he says he is, then the first thing the British government needs to do is to release the interim report of the Gibson Inquiry immediately."
And Reuters adds:
Emmerson, an international lawyer from Britain, has served since August 2011 in the independent post set up by the U.N. Human Rights Council in 2005 to probe human rights violations committed during counter-terrorism operations worldwide.
The "war on terror" waged by Bush after al Qaeda attacks on the United States on September 11, 2001 led to "gross or systematic" violations involving secret prisons for Islamic militant suspects, clandestine transfers and torture, Emmerson said.
Under Obama, Attorney General Eric Holder said that the Department of Justice would not prosecute any official who acted in good faith and within the scope of legal guidance given by its Office of Legal Counsel in the Bush era on interrogation.
But Emmerson said that using a "superior orders defense" and invoking secrecy on national security grounds was "perpetuating impunity for the public officials implicated in these crimes".